Limitation Act, 1963, Section 12(2) -- Limitation - Computation of limitation - Exclusion of time spent in obtaining certified copy - Courts are obliged to compute the limitation on the basis of endorsement as contained in the certified copy - If there is any suspicion of unfair and/or improper practice, remedy lies in initiating a domestic inquiry or may be criminal..........
Protection of Women From Domestic Violence Act, 2005, Section 2(s), 17 -- Shared household - Right of daughter-in-law - Plaintiff is owner of house in question - Son of plaintiff is living separately, as divested from property and was asked to leave the house by plaintiff/father - Defendant/daughter-in-law thus, has no right to reside in the house in question after..........
Protection of Women From Domestic Violence Act, 2005, Section 20, Criminal Procedure Code, 1973, Section 125 -- Maintenance - Declined u/s 20 of Act of 2005 - Magistrate cannot grant maintenance u/s 125 Cr.P.C. which was not pending before him as proceedings under the two Acts are independent proceedings - Grant of maintenance is without jurisdiction and wholly unjustified..........
Protection of Women From Domestic Violence Act, 2005, Section 2(s) -- Shared household - Property of father - Suit premises were neither owned nor tenanted by son nor did premises belong to joint family comprising father and son - Father purchased the property against valuable consideration and he undoubtedly has a better title over suit property as against son and..........
Protection of Women From Domestic Violence Act, 2005, Section 23 -- Interim maintenance - Where husband is in business and dealing in cash, it will be difficult to establish his earning - However, Court can assess income by taking into consideration standard of living and what he was earning before separation of wife...........
Protection of Women From Domestic Violence Act, 2005, Section 23 -- Interim maintenance - Husband is in car trading business and in addition he is looking after family business - He is thus, earning at least Rs.50,000 to 1 lakh p.m - Since, respondent is his legally wedded wife, husband is duty bound to maintain her as per his status - Interim maintenance enhanced from..........
Protection of Women From Domestic Violence Act, 2005, Section 12, 17 -- Domestic violence - Parties not living together in shared household - Vague allegation that respondents are family members but they appear to be neighbours - Ingredients of domestic violence wholly absent - Petition rightly dismissed...........
Protection of Women From Domestic Violence Act, 2005, Section 17, 18, 19, 20, 21, 22 -- Complaint u/ss 17 to 22 of the Act - Limitation - No limitation prescribed for instituting a complaint under provisions of Ss.17 to 22 of the Act...........
Protection of Women From Domestic Violence Act, 2005, Section 12 -- Complaint - After divorce - There is no such rule that divorce between a couple would absolutely debar a wife from invoking provisions of PWDV Act and that in certain exceptional circumstances, a wife, despite her divorce, may still be able to make out a case for grant of relief...........
Protection of Women From Domestic Violence Act, 2005, Section 12, 19 -- Shared household - Right of maintenance and residence - Death of petitioner`s husband is not a factor which would disentitle petitioner to claim maintenance from those with whom she had resided in `shared household' and whose conduct had rendered her `aggrieved' but for getting such relief it is..........
